Criminal Procedure Code, 1973, Section 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, Indian Penal Code, 1860, Section 307, 149, 34 -- Attempt to murder - Alteration of charges u/s.149 to S.34 IPC - Each accused individually attacked complainant with deadly objects with common intention of killing injured i.e. informant - Since attack was pre-planned..........
Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 3 -- Attempt to murder - Non-examination of independent witnesses - Presence of independent witnesses in every case at the time of incident is not correct as for most violent crimes are seldom anticipated - Adverse inference must be drawn as per facts and circumstances of each case...........
Indian Penal Code, 1860, Section 326A, 326B -- Nature of offence - Burn injuries - Injuries were not grievous or dangerous to life - Body of injured was not deformed and maimed as per opinion of doctor - Conviction and sentence awarded to accused altered from S.326-A IPC to S.326-B IPC - Accused therefore, sentenced to 6 years of imprisonment with fine of Rs.5,000 and in..........
Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cognizance of offence - Cheating - Magistrate carefully examined material and evidence collected during investigation which are part of case diary and after prima facie satisfaction had rejected final report and taken cognizance u/s 190(1)(b) Cr.P.C - No infirmity in..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Mere fact that offence in question is civil in nature as civil suit regarding same is pending consideration, it cannot be said that criminal case cannot proceed, as civil and criminal case can proceed simultaneously...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Appeal against acquittal - Accused acquitted as prosecution unable to prove its case beyond all reasonable doubt - No serious infirmity pointed by prosecution to warrant interference in appeal - There are thus, no substantial and compelling reasons to disturb findings recorded by Sessions Judge - Appeal dismissed..........
Indian Penal Code, 1860, Section 153A(1)(a), (b), 295A, 298, 505(2) -- Hate speech - Falsity of accusation would not be sufficient to constitute criminal offence of hate speech...........
Indian Penal Code, 1860, Section 153A(1)(a), (b), 295A, 298, 505(2) -- Hate speech repudiates right to equality in a polity committed to pluralism...........
Criminal Procedure Code, 1973, Section 482, 179, 156 -- Quashing of FIRs - Territorial jurisdiction - Offence u/ss 153-A, 295-A, 505(2) IPC - Debate show hosted by petitioner was broadcast on a widely viewed television network - Audience including complainants were located in different parts of India and were affected by utterance of petitioner, thus, consequence of words..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 153A, 295A, 298, 505(2), Information Technology Act, 2000, Section 66F -- Quashing of FIRs - Offence u/ss 153-A, 295-A, 298, 505(2) IPC and S.66-F of I.T. Act - Petitioner who hosted debate show was an equal participant rather than a mere host - Transcript including offending portion would form a..........
